SOUTHERN, EARTHA C. v. HSU, M.D., SENZAN ( 2016 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 965 CA 15-01053 PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ. EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI SOUTHERN, INFANT, DECEASED, PLAINTIFF-APPELLANT, V ORDER SENZAN HSU, M.D., CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. EARTHA C. SOUTHERN, PLAINTIFF-APPELLANT PRO SE. GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-RESPONDENT SENZAN HSU, M.D. ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (ELIZABETH G. ADYMY OF COUNSEL), FOR DEFENDANT-RESPONDENT CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH. Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered April 9, 2015. The order granted the motions of defendants Senzan Hsu, M.D., and Children’s Hospital of Buffalo of Kaleida Health, for summary judgment dismissing all claims and cross claims against them. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: November 10, 2016 Frances E. Cafarell Clerk of the Court